Positivism, Normativism, and Juridical Realism in the Ius Ecclesiae

Abstract

Normativism and juridical positivism are not synonymous. After investigating the distinctive criteria of (theoretical) juridical positivism, this study applies these criteria to canon law from 1917 until today, including the so-called “canonical positivism”. However, these criteria fail to reveal the practical juridical positivism denounced by some canonists of the 21st century. Only juridical realism seems to be able to resolve this subtle methodological problem.